Jump to ContentJump to Main Navigation
Sovereignty's PromiseThe State as Fiduciary$
Users without a subscription are not able to see the full content.

Evan Fox-Decent

Print publication date: 2011

Print ISBN-13: 9780199698318

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199698318.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 13 December 2019

Introduction: The State as Fiduciary and the Rule of Law

Introduction: The State as Fiduciary and the Rule of Law

Chapter:
(p.23) I Introduction: The State as Fiduciary and the Rule of Law
Source:
Sovereignty's Promise
Author(s):

Evan Fox-Decent

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199698318.003.0002

Roncarelli v Duplessis is arguably the most significant case on the rule of law in Canadian public law. I use it to explain various puzzles presented by judicial impositions of common law duties. I also sketch how the assumption of sovereign powers by the state (the “fact of sovereignty”) gives rise to a fiduciary relationship between the state and the people. I elaborate on various features of the fiduciary view of the state, claiming that it has legal, relational and Kantian dimensions. I use Kant’s discussion of parent-child relations to bring out the moral basis of the beneficiary’s right to the fiduciary’s obligation. I further explain how the fiduciary view poses a challenge to libertarianism by taking on board merely Kant’s austere theory of abstract right as its normative foundation. I conclude with a summary of the argument that informs the annotations to the chapters below.

Keywords:   Roncarelli, rule of law, sovereignty, Kant, fiduciary, common law constitutionalism, review of discretion

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .